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Can I roll over my 401K into an IRA if I am laid off?

Asked by: 1147 views

I was laid off “indefinitely” on May 8th, 2009. I am still out of work. I have called my former employer and asked them if I could roll my 401k into an IRA.

They told me that I am not allowed to touch my 401k in any manner. I cannot draw money out of it (I don’t want to do that). I cannot roll the money into an IRA either. They said, “Technically, you are still an employee…just laid off indefinitely.”

This doesn’t seem legal, or at least it doesn’t seem fair or right. It’s my money, but I cannot touch it.

They said, “If you tell us that you quit, then you can roll over the money, but you have to quit first.”

Is this accurate?

2 Answers



  • +1 Votes Thumb up 1 Thumb down 0

    Pinyo on May 31, 2010

    That sounds very fishy to me. You should contact an employment lawyer as soon as possible. Beside access to your 401k, are you able to collect unemployment? What about health insurance?



  • +1 Votes Thumb up 1 Thumb down 0

    rob@fff on May 31, 2010

    I’m with Pinyo – if you are not currently receiving any post-employment benefits, what difference does it make? Quit, take your money, and run.

    If ‘quitting’ is not an option, take a good look at the 401k paperwork you received from the company. It should outline why your employer won’t let you touch the funds. I would ask the employer to show me, in the 401k policy booklet, why you can’t have your money. If they can’t, I would definitely find a lawyer. It may be a sign that your former employer is in deep doo-doo, and if they are, you definitely want to get your money out before the proverbial ship sinks.

    Misc. thought: are you fully vested in your 401k? Has your former employer matched your contributions was promised? Or do some of those matches come at a later date? Those questions probably don’t change the course of action, but something to consider.


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